Download or read book The Constitution and Economic Regulation written by Michael Conant and published by Routledge. This book was released on 2017-10-19 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study uses basic economic analysis as a technique to comment critically on the original meaning and the interpretation of those clauses of the Constitution that have particular bearing on the economy. Many new conclusions are markedly different from those of the Supreme Court and earlier commentators. Conant's view is that the commerce clause and the equal protection clause, if they had been construed consistently with their comprehensive original meanings, would have given much greater federal protection against state laws that impaire free markets. Economic policy for the nation was vested in Congress. To the extent that special interests could buy congressional favor for their anticompetitive activities, free markets were impaired within constraints as interpreted by the court. These decisions have been criticized for their failure to incorporate the antimonopoly tradition in the Ninth Amendment and their failure to recognize equal protection of laws incorporated into the Fifth Amendment. Conant holds that statutory controls of the economy are justifiable in economic theory if they are designed to remedy market failures and thereby increase efficiency. If statutes are passed to interfere with markets and create market inefficiencies for the benefit of special interest groups, they should be condemned under the standards of normative microeconomics. There are four main classes of market failure: monopoly, externalities, public goods, and informational asymmetry. This masterful analysis examines all four reasons for market failure in depth. Litigation costs are analogous to transaction costs. If legal principles and rules are clearly and precisely defined by the Supreme Court when they are first appealed, litigation and its costs should be minimized. Conant claims that if legal principles or rules are uncertain because they lack definable standards, the number of legal actions filed and litigation costs will be much greater. This promotes additional litigation challenging the many statutes enacted to remedy asserted market failures in an expanding industrial economy. This work brilliantly addresses the danger to the economy in court rulings seeking to legislate standards of reasonableness.
Download or read book Regulation the Constitution and the Economy written by James Rolph Edwards and published by . This book was released on 1998 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coming from an ideological background, partly Mormon, partly Ayn- Randist, Edwards (economics, Montana State U.-Northern) discovers as if for the first time that the US is in the process of losing all pretense to democracy. The villains include government regulation by socialistic special interests and an anti-capitalist ideology propagated through the public school system. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Economic Liberties and the Constitution written by Bernard H. Siegan and published by Routledge. This book was released on 2017-09-29 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfaremost specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reasonthe necessityfor protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.
Download or read book Economic Liberties and the Judiciary written by James A. Dorn and published by Univ Publ Assn. This book was released on 1988-09-12 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays in this volume refocus attention on Constitutional protection for economic liberties. Divided into three parts, the book deals with the following topics: Interpreting the Constitution: Theory and Practice; Property Rights, Activism and the Judicial Process; and Recent Economic Issues in the Courts.
Download or read book Regulation written by Jerry Brito and published by Mercatus Center at George Mason University. This book was released on 2012-08-13 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.
Download or read book The Regulated Economy written by Claudia Goldin and published by University of Chicago Press. This book was released on 2008-04-15 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has the United States government grown? What political and economic factors have given rise to its regulation of the economy? These eight case studies explore the late-nineteenth- and early twentieth-century origins of government intervention in the United States economy, focusing on the political influence of special interest groups in the development of economic regulation. The Regulated Economy examines how constituent groups emerged and demanded government action to solve perceived economic problems, such as exorbitant railroad and utility rates, bank failure, falling agricultural prices, the immigration of low-skilled workers, workplace injury, and the financing of government. The contributors look at how preexisting policies, institutions, and market structures shaped regulatory activity; the origins of regulatory movements at the state and local levels; the effects of consensus-building on the timing and content of legislation; and how well government policies reflect constituency interests. A wide-ranging historical view of the way interest group demands and political bargaining have influenced the growth of economic regulation in the United States, this book is important reading for economists, political scientists, and public policy experts.
Download or read book Lochner V New York written by Paul Kens and published by . This book was released on 1998 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the case of Joseph Lochner, a baker in Utica, N.Y., charged in 1901 with violating the New York Bakeshop Act of 1895 by requiring an employee to work more than 60 hours in one week.
Download or read book Economic Liberties and the Judiciary written by James A. Dorn and published by University Press of America. This book was released on 1988 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays in this volume refocus attention on Constitutional protection for economic liberties. Divided into three parts, the book deals with the following topics: Interpreting the Constitution: Theory and Practice; Property Rights, Activism and the Judicial Process; and Recent Economic Issues in the Courts.
Download or read book Liberty Property and the Future of Constitutional Development written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1990-01-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930's, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the "double standard." The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Download or read book The Regulatory State written by Dawn Oliver and published by . This book was released on 2010 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives. Constitutional issues discussed in The Regulatory State include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.
Download or read book Economics of Regulation and Antitrust written by W. Kip Viscusi and published by MIT Press. This book was released on 2005-08-19 with total page 955 pages. Available in PDF, EPUB and Kindle. Book excerpt: A substantially revised and updated new edition of the leading text on business and government, with new material reflecting recent theoretical and methodological advances; includes further coverage of the Microsoft antitrust case, the deregulation of telecommunications and electric power, and new environmental regulations. This new edition of the leading text on business and government focuses on the insights economic reasoning can provide in analyzing regulatory and antitrust issues. Departing from the traditional emphasis on institutions, Economics of Regulation and Antitrust asks how economic theory and empirical analyses can illuminate the character of market operation and the role for government action and brings new developments in theory and empirical methodology to bear on these questions. The fourth edition has been substantially revised and updated throughout, with new material added and extended discussion of many topics. Part I, on antitrust, has been given a major revision to reflect advances in economic theory and recent antitrust cases, including the case against Microsoft and the Supreme Court's Kodak decision. Part II, on economic regulation, updates its treatment of the restructuring and deregulation of the telecommunications and electric power industries, and includes an analysis of what went wrong in the California energy market in 2000 and 2001. Part III, on social regulation, now includes increased discussion of risk-risk analysis and extensive changes to its discussion of environmental regulation. The many case studies included provide students not only pertinent insights for today but also the economic tools to analyze the implications of regulations and antitrust policies in the future.The book is suitable for use in a wide range of courses in business, law, and public policy, for undergraduates as well at the graduate level. The structure of the book allows instructors to combine the chapters in various ways according to their needs. Presentation of more advanced material is self-contained. Each chapter concludes with questions and problems.
Download or read book Constitutional Economics written by Richard B. McKenzie and published by Lexington Books. This book was released on 1984 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on papers from a conference sponsored by the Heritage Foundation."A Heritage Foundation book"--Jacket. Includes bibliographical references.
Download or read book Regulatory Bargaining and Public Law written by Jim Rossi and published by Cambridge University Press. This book was released on 2005-06-06 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explores the implications of a bargaining perspective for institutional governance and public law in deregulated industries such as electric power and telecommunications. Leading media accounts blame deregulated markets for failures in competitive restructuring policies. However, the author argues that governmental institutions, often influenced by private stakeholders, share blame for the defects in deregulated markets. The first part of the book explores the minimal role that judicial intervention played for much of the twentieth century in public utility industries and how deregulation presents fresh opportunities and challenges for public law. The second part of the book explores the role of public law in a deregulatory environment, focusing on the positive and negative incentives it creates for the behavior of private stakeholders and public institutions in a bargaining-focused political process.
Download or read book An Economic Interpretation of the Constitution of the United States written by Charles A. Beard and published by Courier Corporation. This book was released on 2012-03-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic study — one of the most influential in the area of American economic history — questioned the founding fathers' motivations and prompted new perceptions of the supreme law of the land.
Download or read book The Reason of Rules written by Geoffrey Brennan and published by Cambridge University Press. This book was released on 2008-08-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Societies function on the basis of rules. These rules, rather like the rules of the road, coordinate the activities of individuals who have a variety of goals and purposes. Whether the rules work well or ill, and how they can be made to work better, is a matter of major concern. Appropriately interpreted, the working of social rules is also the central subject matter of modern political economy. This book is about rules - what they are, how they work, and how they can be properly analysed. The authors' objective is to understand the workings of alternative political institutions so that choices among such institutions (rules) can be more fully informed. Thus, broadly defined, the methodology of constitutional political economy is the subject matter of The Reason of Rules. The authors have examined how rules for political order work, how such rules might be chosen, and how normative criteria for such choices might be established.
Download or read book The Constitution and the Regulation of Society written by Gary C. Bryner and published by SUNY Press. This book was released on 1988-07-08 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the two hundred years since ratification of the Constitution, government regulation of American society has grown enormously in both scope and complexity. The Framers, who made short work of regulation with the simple admonition that “Congress shall have the power To... regulate Commerce,” would surely blanch at the extent to which those few words have since been interpreted. Beyond mere immensity, one wonders if they could have foreseen the degree to which broad bureaucratic discretion would threaten the constitutionally based separation of powers, rule of law, and individual rights—or, on the other hand, to what extent unchecked administrative oversight and political manipulation could threaten regulatory efficiency and effectiveness. In this volume eight prominent scholars representing the disciplines of political science, government, law, and philosophy analyze and debate with each other different aspects of government regulation, and the problems generated thereby, from a constitutional perspective. Topics include the growth, scope, and range of government regulation; regulation as it is affected by liberal thought and action; the paradox posed by the dangers to society of zealous regulatory efforts to protect it; a philosophical analysis of the preconditions for a free society; the expansion of public power through increased regulation at the expense of democratic accountability and control; expansion of judicial power to cope with regulatory rule making; the need to maintain the viability of private institutions, to include the family, in the face of increased regulation; the need for a renewed effort to assure that officials of the expanded regulatory structure have a sense of and carry out their duty to the American people; and competing views concerning how the Constitution should be interpreted regarding administrative decision making and judicial review. The Constitution and the Regulation of Society is the second of a three-volume series examining significant features of the Constitution. The series, inspired by the bicentennial of that great achievement, consists of essays presented by scholars at three conferences held at Brigham Young University in 1985, 1986, and 1987, and several additional essays written especially for these volumes. This volume includes in addition debate and discussion between the contributing scholars during the conference they attended.
